Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 356, Mars 2010

Effect given to the recommendations of the Committee and the Governing Body

1. 91. The Committee last examined this case at its March 2009 meeting [see 353rd Report, paras 141–151]. In its previous examinations of this case, the Committee expressed its concerns at the merger of the Confederation “Solidaritate” allegedly supported by the Government, and the main central complainant organization, the Confederation of Trade Union of the Republic of Moldova (CSRM), that had taken place within the framework of persistent allegations of interference and pressure on trade unions to change their affiliation to become members of the Confederation “Solidaritate”. The Committee noted that the Union of Public Authorities and Public Services Unions of the Republic of Moldova (USASP) was established by the trade union members of the Federation of Trade Unions of Public Service Employees (SINDASP), which was previously affiliated to the CSRM, following a disagreement with the decision taken by the then president of the SINDASP to transfer the SINDASP under the umbrella of the Confederation “Solidaritate”. The Committee noted that the registration of the newly created union was denied and that the case of registration was pending before the Supreme Court of Justice. The Committee requested the Government to keep it informed of the outcome of the court proceedings and to provide a copy of the final ruling. It also reiterated its previous request to the Government to initiate independent inquiries into all outstanding allegations in this case in relation to the Government’s interference in the trade union movement.
2. 92. In a communication dated 25 August 2009, the Government indicates that all available information in this case has already been sent to the Committee and refers in this respect to its previous communications. With regard to the refusal of the USASP’s registration, the Government indicates that the appeal of USASP to the Supreme Court was dismissed by a decision of the Civil and Administrative Disputed Claims Board of the Supreme Court of Justice dated 12 November 2008 which recognizes the action of the Ministry of Justice as fully lawful. The Government provides a copy of the decision. The Government adds that the court decision does not deprive the USASP of the right to once again request the registration after submitting all the necessary documents in conformity with the provisions of the legislation in force.
3. 93. The Committee notes the information provided by the Government and the decision of the Civil and Administrative Disputes Claims Board of the Supreme Court of Justice dated 12 November 2008. The Committee understands from this decision that the USASP submitted its statutes for registration to the Ministry of Justice on 19 February 2007. The process of registration was suspended by a letter of the Ministry dated 17 March 2007 and the documents submitted for registration were returned to the union. On 2 May 2007, the USASP once again submitted its statutes for the registration. The registration was denied by Decision No. 17 of 4 June 2007 on the grounds that the statutes were not in conformity with the requirements of the legislation in force. On 3 July 2007, the USASP applied to the Ministry of Justice with a request to repeal its decision of 4 June 2007. Along with this request, the union submitted the amended statutes, in which it no longer declared itself the legal successor of the SINDASP and once again asked for the registration. By a reply dated 27 July 2007, the union request was dismissed. The union then filed a complaint to the court asking for the registration by the Ministry and a monetary compensation for material and moral damages. By a decision dated 2 June 2008, the Court of Appeal Chisinau partially satisfied the claim by requesting the Ministry to register the complainant organization’s statutes presented on 3 July 2007. The Ministry submitted a writ of appeal to the Supreme Court. The Civil and Administrative Disputed Claims Board of the Supreme Court of Justice concluded that the Court of Appeal Chisinau came to an erroneous conclusion as Ministerial Decision No. 17 of June 2007 was legal and well grounded at the moment of its issuance and that subsequent amendment of the statutes does not operate retroactively. The Board therefore annulled the decision of the Court of Appeal Chisinau of 2 June 2008.
4. 94. The Committee understands that the main ground for denial of registration, at least until 4 June 2007, is the USASP’s declaration to be a legal successor of the SINDASP. The Committee further understands that the provision to that effect was subsequently repealed from the USASP statutes. The Committee notes the Government’s indication that despite the court decision declaring the decision of the Ministry dated 4 June 2007 legal, the USASP is free to re-apply for registration. The Committee notes in this respect that another request for registration was indeed submitted on 3 July 2007, but once again denied. The Committee regrets that in its communication, the Government failed to indicate the grounds on which the decision of the Ministry was based and which legislative requirements were not satisfied. The Committee recalls that the present case was brought before the Committee amid persistent allegations of interference and pressure on trade unions to change their affiliation to become members of the Confederation “Solidaritate”. It further recalls that some of the members of the SINDASP disagreed with the decision to join the Confederation and on 3 February 2007 established the USASP. The Committee notes that since its establishment over three years ago the new organization has applied for registration several times only to be denied. Recalling that the right to official recognition through legal registration constitutes an essential facet of the right to organize, being the first step that workers’ or employers’ organizations must take in order to be able to function efficiently and represent their members adequately [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 295], the Committee urges the Government to take the necessary measures in order to ensure that the USASP is registered without further delay. It requests the Government to keep it informed in this respect.